20
seventies, and eighties.
68.
With regard to the evidence offered in the public hearing, the Court heard the
statements and expert opinions of the following people:47
a) Tita Radilla Martínez. Alleged victim proposed by the Inter-American Commission.
She testified, among other aspects, on the alleged forced disappearance of Mr.
Rosendo Radilla-Pacheco, the steps taken to locate his whereabouts, and the
family situation after his alleged disappearance.
b) Rosendo Radilla Martínez. Alleged victim proposed by the Inter-American
Commission and the representatives. He testified, among other aspects, on what
he knew regarding the alleged arrest of Mr. Rosendo Radilla-Pacheco and the
family situation after his alleged disappearance.
c) Miguel Sarre. Attorney and university professor. Witness proposed by the InterAmerican Commission. He offered his expert opinion, among other aspects, on
the criminal justice system of Mexico at the time the facts argued in the
application occurred, the form of operation of the military criminal jurisdiction,
and international human rights standards.
B.
Assessment of documentary evidence
70.
In this case, as in others,48 the Tribunal admits the evidentiary value of those
documents presented in a timely manner by the parties that were not contested or
objected, or whose authenticity was not questioned.
71.
Regarding the observations made by the State in reference to different documents
presented by the representatives,49 the Court warns that they question the need to include
47
On July 2, 2009, the representatives informed the Court that Mr. Maximiliano Nava Martínez, a witness
proposed by the Inter-American Commission and the representatives “[c]ould not offer his testimony directly
before the Tribunal, during the public hearing summoned,” because of his age and deterioration of the state of his
health.
48
Cf. Case of Velásquez Rodríguez v. Honduras, supra note 24, para. 140; Case of Garibaldi v. Brazil, supra
note 32, para. 62, and Case of Dacosta Cadogan v. Barbados, supra note 43, para. 34.
49
The State mentioned that Recommendation 26/2001 issued by the National Human Rights Commission
could “[b]e taken into consideration [only] in what refers to the disappearance of Mr. Rosendo Radilla-Pacheco.” In
that sense, it argued that “[s]ince the [mentioned] recommendation […] refers to other cases that have not yet
been examined by the Commission through the individual petition system, it cannot be heard by the […] Court, […
the latter shall] abstain from using [that] evidence […] as grounds for any type of context.”
On the other hand, the State considered it “[i]nappropriate to take into consideration any evidence that [would]
prove Mr. Rosendo Radilla-Pacheco’s profile,” since “[t]he existence of Mr. Rosendo Radilla-Pacheco was clear and
that the way in which he led his daily life as a father, a member of a society, or in his work life was not in question
[…].”
Additionally, the State asked that the Court dismiss the evidence offered by the petitioners “regarding an alleged
psycho-social infringement” of the community where Mr. Rosendo Radilla-Pacheco lived since it considered that
“there had not been any violation to Article 5 of the [American] Convention in [their] detriment.” That evidence
refers to the following documents: a) Report on the psychosocial effects resulting from the forced disappearance of
Rosendo Radilla, Antillón, Ximena. Forced disappearance during the dirty war: individual, family, and community
psychosocial impact. The forced disappearance of Rosendo Radilla-Pacheco on Atoyac de Álvarez, Guerrero; b) Lira,
Elizabeth. Psychosocial consequences of the political repression in Latin America. In: De la Corte, Luis, A. Blanco
and J. M. Sabucedo (eds.) Psychology and Human Rights, Barcelona, Editorial Icaria Antrazyt, 2004; c) Center of
Legal and Social Studies (CELS). Truth, justice, and mourning in public spaces and subjectivity. Report of the
Human Rights situation in Argentina, chapter XII. Buenos Aires, 2000; and d) Mental Health Team of the Center of
Legal and Social Studies (CELS). The reparation: legal and symbolic act. In: IIDH, Comprehensive Attention to the
victims of torture in litigation proceedins. Psychosocial contributions. San José, IIDH, 2007.